Uitspraak
RECHTBANK DEN HAAG
uitspraak van de enkelvoudige kamer van 18 mei 2016 in de zaak tussen
[eiseres] , eiseres
de staatssecretaris van Veiligheid en Justitie, verweerder
Procesverloop
Overwegingen
13. As of 30 September 2015 the number of actual transfers carried out to Bulgaria under the Dublin Regulation was relatively low (178 out of 6.963 take back or take charge requests). The status of those returned under the Regulation remains unclear. For those who have applied for asylum in Bulgaria but have then been absent from the territory for more than three months the procedure will be terminated, but is, in theory, accessible upon return. However, there is a high risk that upon return the right to reception has been rescinded, either because the asylum seeker has left the reception centre for more than three days without prior notice or because they had previously opted to reside in an external address and, thus, forfeited their right to accommodation, which is still applicable upon return. The only exception to this is where the returnee is a vulnerable applicant. However as there is no identification of vulnerability in Bulgaria in practice this means that persons with visible vulnerabilities, i.e. families with children, are the only category to be provided with reception. As has been confirmed by Belgian courts in cases concerning single males with psychological vulnerabilities; ‘there are no assurances that Dublin returnees will be guaranteed access to the asylum procedure or that they will not be exposed to extremely difficult reception conditions during the examination of the claim.’ Returns to Bulgaria in all of these cases were subsequently suspended.
Beslissing
mr. D.D.R.H. Lechanteur, griffier
.De beslissing is in het openbaar uitgesproken op 18 mei 2016.